Monday, 11 August 2014

Response to Justice Kapadia

I had stated in an earlier post that I gave to Justice Kapadia, the then CJI, 3 mobile numbers of agents of a very senior Allahabad High Court judge against whom there were serious allegations of corruption, and requested him to get those numbers tapped through intelligence. He did as I requested, and some time later he told me that the conversations taped on those numbers established the corruption of the Judge.

Despite this, Justice Kapadia, took no action against this Judge ( although he did not make him Chief Justice of any High Court or Judge of the Supreme Court).

In response to my statement Justice Kapadia has said that he did not remember this . It is strange that he has no recollection of this, but the record would be existing with the intelligence agency concerned, and perhaps also in the official file of the Chief Justice.

Justice Kapadia also said that he did not bring any Judge to the Supreme Court who was unfit.

I may remind him that the Supreme Court Collegium, headed by CJI K.G. Balakrishnan, and of which Justice Kapadia was a member, almost succeeded in bringing a totally unfit person into the Supreme

Court. That Judge was a Judge of the Madras High Court when I was Chief Justice there, so I knew all about his bad reputation. Later, he was made Chief Justice of another High Court , and was being considered for elevation to the Supreme court.

One day during lunch interval, I went to Justice Kapadia's chamber and told him about the bad reputation of that Judge, giving details. I told him that I was not in the Supreme Court Collegium, but he was, and now it was for him to do whatever he thinks proper, and I have done my duty. There was no use informing Justice Balakrishnan since it was he who was pushing for the Judge's elevation to the Supreme Court.

After listening to me, Justice Kapadia thanked me, and said that in future also if I have such information i should pass it on to him.

Despite this, the Collegium, of which Justice Kapadia was a member, recommended the name of that Judge having questionable integrity, and he would have definitely been elevated to the Supreme Court but for the Tamilnadu lawyers who produced voluminous documentary evidence of his corruption. As a result he was transferred to a small High Court, and later impeachment proceedings were brought against him in Parliament, which lapsed when he resigned.

So Justice Kapadia's claim that he did not bring any corrupt Judge to the Supreme Court, has to be qualified by at least one instance where he ( or rather the Collegium of which he was a member) almost succeeded.

It may be further mentioned that even though I had informed Justice Kapadia about that Judge's reputation, neither the Collegium, nor Justice K.G.Balakrishnan ever consulted me about that Judge. I should have been consulted, as the decision in the Judges case says, since I was on the bench of the Madras High Court ( as Chief Justice ) at the time that Judge was also in the Madras High Court. Instead, Justice Ravindran was consulted, although Justice Ravindran and that Judge were never in any High Court at the same time. This was obviously done by Justice K.G. Balakrishnan knowing that if consulted I would give an adverse report . But why did Justice Kapadia not tell Justice Balakrishnan to consult me ?

Much later I met Justice Kapadia and reminded him that I had informed him about the bad reputation of that Judge, but no heed was paid to my words. I said that the Supreme Court could have been saved so much embarrassment if my advice had been sought. Justice Kapadia admitted that I had informed him, but said that Justice Balakrishnan, the CJI, was adamant, and so the recommendation was made.

16 comments:

I have document proof that katju is not a legal person and god justice sri kapadia had removed katju from the bench of supreme court in one case based on my complaints.Katju is a not eligible person to speak about corruption in judiciary.

With Great Respect to your views I wish to assert that the point is " corruption in Judiciary" not Justice Katju.

What is your view on the below As the proceedings in a court are designated public and open( unless in camera in specific cases of sensitivity) the Indian Judiciary shall dare to record the same and provide copy on collecting certain fees. Possibly broadcast the court proceedings and needy and interested will watch on subscribing.This will certainly bring down the frequent use of discretionary powers by judges in nexus with powerful Sr. Advocates who work for rich and powerful only charging very high fees making justice un available to common man in spite of many special statutes.Making proceedings more public with record not only bring down the rampant corruption in Judiciary but also will create consciousness among the judges and public.Using court registry and interim orders the weaker party is always crushed delaying justice for several years shattering their confidence. Interpretation and use of Art 226, 227, 136, 32 , 142, under the guise of balance of equity etc, etc including rampant issue of interim orders are not only clogging the system but also depicting the ill state of judicial system. This is where the biggest hole in the system protecting all the lawless reservoir of power is stored and is on sale for rich and powerful.

All respected visionaries as a very common person seeking justice in Indian courts for the past Nine years litigant would like to share some thoughts as below: My experience so far: One life is not enough to fight for justice in India!! What if the Chief Justices of High Courts them self are highly corrupt? As the proceedings in a court are designated public and open( unless in camera in specific cases of sensitivity) the Indian Judiciary shall dare to record the same and provide copy on collecting certain fees. Possibly broadcast the court proceedings and needy and interested will watch on subscribing. This will certainly bring down the frequent use of discretionary powers by judges in nexus with powerful Sr. Advocates who work for rich and powerful only charging very high fees making justice un available to common man in spite of many special statutes. Making proceedings more public with record not only bring down the rampant corruption in Judiciary but also will create consciousness among the judges and public. Using court registry and interim orders the weaker party is always crushed delaying justice for several years shattering their confidence. Interpretation and use of Art 226, 227, 136, 32 , 142, under the guise of balance of equity etc, etc including rampant issue of interim orders are not only clogging the system but also depicting the ill state of judicial system. This is where the biggest hole in the system protecting all the lawless reservoir of power is stored and is on sale for rich and powerful. I have a classical case of Dist civil court Registry entreating an application which is prohibited by a statute and issued me notice. Since then my journey in search of Justice started Six years back travelling to court 400 times till date. Out of Nine High court Judges not even one has dared to dismiss the “non entertainable” application of opponent who is a Three Billion Dollar company employing only Sr. Advocates dragging the mater keeping my money applying the same against me. Very Recently one Chief Justice of a High Court in open court on four occasions said “if you do not cooperate to remand the matter or settlement with the opposite party we will admit the appeal and pass an interim order and you will have to struggle at last eight years get the matter disposed on merits” The Irony is the said appeal is not only infructuous but also not available under law apart from arising out of proceedings barred by a special statute. The Agony is: The powerful company remained successful for the past seven months as it could get favor from The Hon’ble Bench Headed by Chief Justice applying no law or statute except discretionary powers.

80% of the cases weaker party by money, politics and power looses notwithstanding the case having valuable facts and point of law?. 70% of the Govt Cases are lost why?.

Mr. Durairaj, it is wrong of you to say that Mr. Katju is 'not a legal person'. How can anybody become a justice of SC of India without having a legal background? So please stop making such false and irresponsible statements because it only makes you look stupid and no question is raised on the professional qualifications of Mr. Katju.

Secondly, if you have any documentary proof of justice Kapadia removing Mr. Katju from some case based on your complaint then you should share it with the world. Otherwise stop making baseless and foolish tall claims for your own good.

The major point where Mr. katju can be pinned is on his timings of his so called revelations of corruption in the judiciary, about which the whole world knows anyway, and his motives behind this timing. At first he did not take any action on the corruption matters known to him in his own courts during his tenure so his so called revelations are nothing more than general public knowledge. If he had any intentions of fighting corruption known to him during his service tenure then he should have taken some exemplary action in the matter to attach weightage to his own credibility. Neither did he ever mention such corrupt practices in any public forum during his tenure. Secondly, he did not even mention any such episodes during the UPA regime, why? Surprises me! But now when the Lord of the Temple has changed he seems to be opening a new can of worms on a daily basis as offerings to appease this new Lord. Again, I ask, why? Mr. Katju, is this whole 'offerings' exercise of yours is to appease this new Lord to secure an extension in your current position or even better, to get a Governorship of a state to enjoy the luxury and benefits of the Colonial India that so many of you retired judges, ex-IAS officers and obsolete politicians of the ruling parties do cherish in your daily morning dreams? Be truthful for once Mr. Katju! Mr. Katju, I am sure you must be eagerly awaiting a call from the Home Ministry these days! But will the call come? Only Mr. Modi knows because only he knows if he is satisfied with your irrelevant and obsolete offerings of no consequence! But let me advice you, please do not count on it as Mr. Modi has to first accommodate and get rid of the obsolete Netas in his own party before he can look beyond. Mr. katju, your current term is to end very soon so it would be prudent to start packing your stuff and look for a new and smaller accommodation! Good days and not forever!

With Great Respect to your views I wish to assert that the point is " corruption in Judiciary" not Justice Katju.

What is your view on the below ?

As the proceedings in a court are designated public and open( unless in camera in specific cases of sensitivity) the Indian Judiciary shall dare to record the same and provide copy on collecting certain fees. Possibly broadcast the court proceedings and needy and interested will watch on subscribing.This will certainly bring down the frequent use of discretionary powers by judges in nexus with powerful Sr. Advocates who work for rich and powerful only charging very high fees making justice un available to common man in spite of many special statutes.Making proceedings more public with record not only bring down the rampant corruption in Judiciary but also will create consciousness among the judges and public.Using court registry and interim orders the weaker party is always crushed delaying justice for several years shattering their confidence. Interpretation and use of Art 226, 227, 136, 32 , 142, under the guise of balance of equity etc, etc including rampant issue of interim orders are not only clogging the system but also depicting the ill state of judicial system. This is where the biggest hole in the system protecting all the lawless reservoir of power is stored and is on sale for rich and powerful.

Mr SteveI am Durairaj not making any false statements. Mr Katju , God sri S H Kapadia and myself were knew well that Mr katju issued judgement and acted in support of fraud lawyers in the case number SLP(civil) number:10138/2010 against the law of land to affect the weaker sections workers.

सर फ़िलहाल आपके पास बताने को भी सिर्फ प्रॉब्लम तो है पर कोई हल नहीं है। आपने जस्टिस लाहोटी को जो तरीका बताया था वो सिर्फ हवाई सा नही लगता है आपको ? क्या ये संविधान या किसी भी स्तर पर जमीनी हकीकत के आसपास कही ठहरता ? (I replied that I was going back to Allahabad by the night train, and on reaching there would call the Registrar General and tell him to telephone these 5 Judges, and tell them that the Chief Justice had instructed that they would not be allowed entry into the High Court premises. Police was being posted at the gate of the High Court with instruction from me that these judges were not to be allowed entry. Their chambers had been locked, and they will receive their salary checks at home, and they need not come to the High Court. I did not want to see them inside the High Court premises as they had disgraced the High Court.)

Sorry, but Mr. Katju has no answers but only makes tall claims. If he was so honest and upright himself during his tenure he could have taken appropriate legal action against the corrupt judges even without involving the CJI. Its just lots of air and no matter or substance. And just look at his timings of all his 'disclosures', as if the whole world didn't know already, does it hint anything? To me it seems more like he is trying to re-align himself with the new political Gods of today to seek a Governorship of some state. Moreover, Mr. Katju doesn't like to be cross examined and I have seen this many a times on his TV appearances on debates. Therefore, he will never respond to any of us because his un spoken diktat is that what ever I say is the 'Holy Grail' which should never be questioned. So please do not waste your time here!

Mr.Durairaj I respect your complaints. But this blog is not a court room by any means. Nor its post box for Mr.Katju. Your words "I have document proof" shows your grutch feelings. I would written such personal complaints in a letter to Mr.Katju's office.

Mr SengaiyanI am Durairaj had long experience in court room and many application to highest judiciary including Mr katju,I am giving my statement(proof) here.Petioner,respondent and judge will die but poorman case will continue.At the sametime,the richman dispute get solved in highest judiciary as early as possible.This is real fact.

Mr. Steve, your hypothesis Mr.Katju aiming for governorship could make box-Office hit in bollywood. Its also called spin. So debate gets deviated from real issue. The issue is not Mr.Katju. Its corruption in judiciary. Mr. Katju has pointed it out.

Amit Sharma, I apologize to you. My intention was not to hurt someone. But I wanted to point it out that people are so casual and taking to responsibility to build the nation. Everyone expects big from India, but lack contributing to it.